USA v. Zhu
| California Eastern District Court | |
| Case #: | 1:23-cr-00219 |
| Case Filed: | Nov 16, 2023 |
| Last checked: Friday Nov 17, 2023 11:19 PM PST |
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Defendant
Jia Bei Zhu (1)
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Plaintiff
USA
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Represented By
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GPO
Oct 18 2023
ORDER to Seal Case, signed by Magistrate Judge Sheila K. Oberto on 10/18/2023 as to Jia Bei Zhu. (Maldonado, C)[1:23-mj-00123-SKO] |
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GPO
Oct 19 2023
MOTION and ORDER to UNSEAL CASE, signed by Magistrate Judge Sheila K. Oberto on 10/19/2023 as to Jia Bei Zhu. (Maldonado, C)[1:23-mj-00123-SKO] |
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GPO
Oct 31 2023
STIPULATION and ORDER as to David He signed by Magistrate Judge Erica P. Grosjean on 10/31/2023. The Court grants the parties' request to continue the Detention and Preliminary Examination Hearings, currently noticed for 11/8/2023, and CONTINUING them to 11/16/2023. DETENTION AND PRELIMINARY EXAMINATION HEARINGS CONTINUED to 11/16/2023 at 02:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The Court also grants a time exclusion for the purpose of defense preparation and continuity of defense counsel - time excluded as follows: Excludable time Start: 11/9/2023 Stop: 11/16/2023. (Rooney, M)[1:23-mj-00123-SKO] |
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GPO
Nov 22 2023
DETENTION ORDER signed by Magistrate Judge Stanley A. Boone on 11/22/2023 as to Jia Bei Zhu. (Nguyen, J) |
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GPO
Dec 21 2023
STIPULATION and ORDER to Continue Status Conference as to Jia Bei Zhu (1) signed by Magistrate Judge Barbara A. McAuliffe on 12/21/2023. It is so ordered that the status conference is continued from January 10, 2024, to January 24, 2024, at 1:00 p.m. before Magistrate Judge Barbara A. McAuliffe. Time is excluded pursuant to 18 U.S.C. § 3161 (h)(7)(A), B(iv). The Court notes that the parties dispute Defendant's true name. Accordingly, the Court sets an evidentiary hearing for January 24, 2024, at 2:00 p.m. before Magistrate Judge Barbara A. McAuliffe to determine Defendant's true name. Alternatively, the parties may submit, in advance of the evidentiary hearing, a stipulation as to Defendant's true name and the Court will vacate the hearing. (Valdez, E) |
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GPO
Dec 27 2023
ORDER re 24 Request for Rule 43 Waiver of Appearance as to Jia Bei Zhu, signed by Magistrate Judge Barbara A. McAuliffe on 12/27/2023. Defendant's appearance may be waived at any and all non-substantive proceedings until further order. However, the request for waiver for the 1/24/2024 evidentiary hearing is DENIED. If the parties submit a stipulation as to the defendant's true name not later than 1/22/2024, Defendant need not appear at the hearing. (Rivera, O) |
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GPO
Jan 19 2024
STIPULATION and ORDER to Continue Status Conference as to Jia Bei Zhu (1) signed by Magistrate Judge Barbara A. McAuliffe on 1/19/2024. Upon the parties' stipulation and for good cause shown, the status conference scheduled for January 24, 2024, is continued until March 13, 2024, at 1:00 p.m., before the Honorable Barbara A. McAuliffe. The period through March 13, 2024, inclusive, is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv). (Valdez, E) |
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GPO
Mar 07 2024
STIPULATION and ORDER to Continue Status Conference as to Jia Bei Zhu (1) signed by Magistrate Judge Barbara A. McAuliffe on 03/07/2024. Upon the parties' stipulation and for good cause shown, the status conference scheduled for March 13, 2024, is continued until April 10, 2024, at 1:00 p.m., before the Honorable Barbara A. McAuliffe. The period through April 10, 2024, inclusive, is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv). (Lopez Amador, Corina) |
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GPO
Apr 08 2024
STIPULATION and ORDER to Continue Status Conference as to Jia Bei Zhu (1) signed by Magistrate Judge Barbara A. McAuliffe on 4/8/2024. Upon the parties' stipulation and for good cause shown, the status conference scheduled for April 10, 2024, is continued until April 24, 2024, at 1:00 p.m., before the Honorable Barbara A. McAuliffe. The period through April 24, 2024, inclusive, is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv). (Valdez, E) |
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GPO
Apr 17 2024
STIPULATION and ORDER to Continue Status Conference as to Jia Bei Zhu (1) signed by Magistrate Judge Barbara A. McAuliffe on 4/17/2024. Upon the parties' stipulation and for good cause shown, the status conference scheduled for April 24, 2024, is continued until May 22, 2024, at 1:00 p.m., before the Honorable Barbara A. McAuliffe. The period through May 22, 2024, inclusive, is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv). (Valdez, E) |
| Docket last updated: 11/18/2023 2:51 AM PST |
| Wednesday, October 18, 2023 | ||
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CRIMINAL COMPLAINT as to Jia Bei Zhu (1). (Maldonado, C) (Kusamura, W). [1:23-mj-00123-SKO]
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Att: 1
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(10/19/2023) Penalty Slip
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GOVERNMENT'S MOTION to Seal Case by USA as to Jia Bei Zhu. (Maldonado, C) [1:23-mj-00123-SKO]
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ORDER to Seal Case, signed by Magistrate Judge Sheila K. Oberto on 10/18/2023 as to Jia Bei Zhu. (Maldonado, C) [1:23-mj-00123-SKO]
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| Thursday, October 19, 2023 | ||
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MOTION and ORDER to UNSEAL CASE, signed by Magistrate Judge Sheila K. Oberto on 10/19/2023 as to Jia Bei Zhu. (Maldonado, C) [1:23-mj-00123-SKO]
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DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Barton for USA (Barton, Joseph) [1:23-mj-00123-SKO]
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| Friday, October 20, 2023 | ||
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ARREST WARRANT RETURNED Executed on 10/19/2023 as to Jia Bei Zhu. (Maldonado, C) [1:23-mj-00123-SKO]
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| 8 | 8 MINUTES (Text Only) for proceedings held before Magistrate Judge Sheila K. Oberto: INITIAL APPEARANCE as to Jia Bei Zhu NOT held on 10/20/2023. The Court noted the hearing was being conducted via the Zoom application. Pursuant to Rule 10, the defendant and Counsel consented to the Zoom appearance. The assistant federal defender advised that the defendant is seeking to retain counsel and is requesting to continue the initial appearance to next week, hearing no objection from the government. The Court grants the request and sets the Initial Appearance re Criminal Complaint for 10/24/2023 at 02:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Defendant is Ordered TEMPORARILY detained. The next hearing will be held in person. The Court has been notified that an interpreter is required in this action for Jia Bei Zhu. It is counsel's responsibility to timely notify the Court Staff Interpreter when a hearing requiring an interpreter is scheduled, continued or cancelled. Failure to do so may result in sanctions. See [LINK:LR 403 - Court Interpreter Services in Criminal Actions] Government Counsel: Arelis Clemente present. Defense Counsel: Eric Kersten - (Standing in and not appointed) present. Custody Status: CUSTODY - FCJ (ZOOM). Court Reporter/CD Number: Corina Lopez Amador. Certified Court Interpreter: Simon Wong, Language: Mandarin-Oath on File. (Kusamura, W) [1:23-mj-00123-SKO] | |
| Monday, October 23, 2023 | ||
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DESIGNATION of COUNSEL FOR SERVICE. Added attorney Arelis M. Clemente, GOVT for USA (Clemente, Arelis) [1:23-mj-00123-SKO]
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| Tuesday, October 24, 2023 | ||
| 10 | 10 MINUTES (Text Only) for proceedings held before Magistrate Judge Erica P. Grosjean: INITIAL APPEARANCE ON COMPLAINT as to Jia Bei Zhu held on 10/24/2023. Defendant advised of charges/rights; reading/advisement waived; DENIAL ENTERED. TRUE NAME FINDING MADE AS FOLLOWS: DAVID HE. The government requested detention and, with good cause found to hold the detention and preliminary examination hearings outside of the statutory time-frame, the Court set the hearings as follows: DETENTION HEARING set for 11/8/2023 at 02:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto ( defendant ordered temporarily detained pending said hearing ). PRELIMINARY EXAMINATION HEARING set for 11/8/2023 at 02:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The government requested an exclusion of time through the detention and preliminary examination hearings and, with agreement of defense counsel, time was excluded as follows: (Excludable time Start: 10/24/2023 Stop: 11/8/2023) Time is to be excluded under the Speedy Trial Act in that good cause exists and that the ends of justice outweigh the interest of the public and the defendant in a speedy trial. For the reasons set forth on the record, the continuance requested is granted for good cause and the Court finds the ends of justice outweigh the interest of the public and the defendant in a speedy trial. Government Counsel: Arelis Clemente and Joseph Barton present. Defense Counsel: Anthony Capozzi present. Custody Status: Custody - FCJ (in person) present. Court Reporter/CD Number: ECRO - Corina Lopez Amador. Certified Court Interpreter: Simon Wong, Language: Chinese/Mandarin-Oath on File. (Rooney, M)[1:23-mj-00123-SKO] | |
| Thursday, October 26, 2023 | ||
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STIPULATION and PROPOSED ORDER for Continue Detention Hearing and Preliminary Hearing by USA. (Barton, Joseph) [1:23-mj-00123-SKO]
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| Tuesday, October 31, 2023 | ||
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STIPULATION and ORDER as to David He signed by Magistrate Judge Erica P. Grosjean on 10/31/2023. The Court grants the parties' request to continue the Detention and Preliminary Examination Hearings, currently noticed for 11/8/2023, and CONTINUING them to 11/16/2023. DETENTION AND PRELIMINARY EXAMINATION HEARINGS CONTINUED to 11/16/2023 at 02:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The Court also grants a time exclusion for the purpose of defense preparation and continuity of defense counsel - time excluded as follows: Excludable time Start: 11/9/2023 Stop: 11/16/2023. (Rooney, M) [1:23-mj-00123-SKO]
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| Thursday, November 02, 2023 | ||
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ARREST WARRANT RETURNED Executed on 10/19/2023 as to David He. (Marrujo, C) [1:23-mj-00123-SKO]
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| Thursday, November 16, 2023 | ||
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INDICTMENT as to Jia Bei Zhu (1) count(s) 1-2, 3.. (Lawrence, A)
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Att: 1
True Bill
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| 15 | 15 MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: DETENTION HEARING / ARRAIGNMENT AND PLEA RE INDICTMENT as to Jia Bei Zhu (1) Count 1-2, 3 held on 11/16/2023. The defendant is advised of the charges and rights, waived further reading, NOT GUILTY PLEA and DENIAL OF FORFEITURE entered. True name is DAVID HE - disputed as to the true name of the Defendant. The court instructed government counsel under Rule 5(f) to comply with its disclosure obligations under Brady v. Maryland. Discovery to be produced within 2 weeks from today's hearing. Reciprocal discovery due within 3 weeks from today's hearing. Status Conference set for 01/17/2024 at 01:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The defendant is ordered to be present. XT: Start: 11/16/2023 Stop: 01/17/2024, Time is to be excluded under the Speedy Trial Act in that good cause exists and that the ends of justice outweigh the interest of the public and the defendant in a speedy trial. For the reasons set forth on the record, the continuance requested is granted for good cause and the Court finds the ends of justice outweigh the interest of the public and the defendant in a speedy trial. Defense Counsel requests to continue the Detention Hearing to allow Defense to go over the report with Defendant is granted, last continuance. Detention hearing is set for 11/22/2023 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Government Counsel: Joseph Barton present. Defense Counsel: Anthony Capozzi present. Custody Status: In custody - FCJ - present. Certified Court Interpreter: Simon Wong, Language: Mandarin-Oath on File. Court Reporter/CD Number: ECRO: Corina Amador. (Nguyen, J) | |
| 16 | 16 ORDER (TEXT ONLY) signed by Magistrate Judge Stanley A. Boone on 11/16/2023: According to the Federal Rules of Criminal Procedure Rule 5(f), the government is ordered to comply with its discovery obligations as required by federal law, including those duties imposed by Brady v. Maryland, 373 U.S. 83 (1963), and all applicable decisions interpreting Brady. This order does not relieve any party of any other discovery obligation. The consequences for violating this order or the government's obligations under Brady may include sanctions, referral to a disciplinary authority, adverse jury instruction, exclusion of evidence, and dismissal of charges, among other consequences. (Nguyen, J) | |